Case Summary
Kerala Gramin Bank filed a suit against Lincy.P and Lalitha.P for recovery of a loan of Rs.50,000. The defendants defaulted on repayment as per the loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs.31,300 with interest at 7% per annum from the date of the suit until the decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay Rs.31,300 to the plaintiff with interest. The claim for higher interest was rejected.
Why Plaintiff Won:
The plaintiff's claim of borrowal and default of payment was proved by affidavit and unchallenged documents.
The plaintiff's claim of borrowal and default of payment was proved by affidavit and unchallenged documents.
Losing Side's Weaknesses:
The plaintiff's claim of borrowal and default of payment was proved by affidavit and unchallenged documents.
The plaintiff's claim of borrowal and default of payment was proved by affidavit and unchallenged documents.
Supporting Evidence
The plaintiff’s claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exhibits A1 to A6 documents which remains unchallenged.
Judgment Evidence:
In the result, suit is decreed as follows: a) The defendants are directed to pay jointly and severally Rs.31,300/- (Rupees Thirty One Thousand And Three Hundred Only) to the plaintiff with interest at the rate of 7% per annum from the date of the suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Lincy.P
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Lalitha.P
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Agreement for GCL executed by defendant No. 1, Pronote executed by defendants, Delivery letter to DPN executed by defendants, Acknowledgment of debt executed by defendant No:1, Acknowledgment of debt executed by defendant No:2, Copy of computer printout of statement of account for the period from 27-04-2016 to 08-09-2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. E. Manojkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Advocate Arun Joshi
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Advocate Subi Varghees
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are directed to pay jointly and severally Rs.31,300/- to the plaintiff with interest.
Evidence:
The defendants are directed to pay jointly and severally Rs.31,300/- (Rupees Thirty One Thousand And Three Hundred Only) to the plaintiff with interest at the rate of 7% per annum from the date of the suit till the date of decree and there after with interest at the rate of 6% per annum till realization.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are also directed to pay costs of the suit to the plaintiff.
Evidence:
The defendants are also directed to pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 1 with Plaintiff Bank.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Executed by defendants to Plaintiff Bank.
Reference:
Ext.A2
Document Type:
Delivery Letter
Submitted By:
Plaintiff
Relevance:
Executed by defendants.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 1.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 2.
Reference:
Ext.A5
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Copy of computer printout of statement of account for the period from 27-04-2016 to 08-09-2021.
Reference:
Ext.A6
Document Type:
Account Statement Certificate
Submitted By:
Plaintiff
Relevance:
Certificate of account statement dated 08-09-2021.
Reference:
Ext.A6(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Lincy.P et al regarding recovery of loan amount.
Case Code Year
Case between Kerala Gramin Bank vs Lincy.P et al regarding recovery of loan amount.